Procedures specific to Express Consent cases

If you refused to provide a chemical sample, or if you took a breath test with a result of .08 or greater (or .02 or greater for a minor), the officer will serve you with an Express Consent Affidavit and Notice of Revocation after all paperwork has been completed. This form says you have up to 7 days after your arrest to request a hearing, if you choose to do so. If you do not request a hearing, the revocation will automatically go into effect on the 8th day. If you provided a blood sample and if the BAC is 0.08 or greater, (or .02 or greater for a minor), the DMV will mail you a notice giving you 10 days from the date of their letter to request a hearing. Again, if you do not request a hearing within the timeframes listed above, the revocation will automatically go into effect.

Early Reinstatement

If you are seeking early reinstatement information and do not dispute the revocation, you may confirm your requirements by contacting the Department of Motor Vehicles Driver Services desk at 303-205-5613 or by clicking here. While under suspension or revocation, you may not drive until your license is reinstated. Driving while under revocation can result in an extension of the suspension or revocation you are currently under.

Requesting A Hearing

If you do request a hearing, it must be made at a Division of Motor Vehicles office. When approved, the Hearings Division, an independent branch of the Department of Revenue will schedule the hearing and a Hearing Officer will oversee the proceeding.

If you fail to request a hearing within the required time, you may petition and submit a Request For a Late Hearing in writing. Your written request must clearly state why you didn't request a hearing on time initially, (such as incarceration), and include your case number, license or identification card number, and a valid mailing address. There is no specific form to use.

Written requests should be sent to:

Mr. Ted Trujillo

DMV-Driver Control Section Room 164

Denver, CO 80261-0016

When you first request a hearing, you will be asked whether you want the officer who signed your Express Consent Affidavit to be present for the hearing. It is up to you if you want the officer to appear and testify. If you do not request the officer to appear and later change your mind and want the officer to testify at your hearing, or, if there are additional officers you would like to appear at the hearing, you will need to request a subpoena from the Hearings Division.

Requesting a Subpoena

If you wish to request a subpoena for the officer who signed the Express Consent affidavit, you will need to file a request for a subpoena. For any other officer, you will additionally need to file a Required Statement Attachment.

Once you have completely filled out the Request for Subpoena, you may fax it to 303-205-5700. If approved, you will need to make arrangements to have the officer personally served in accordance with the rules for service.

The subpoena must be served at least 5 calendar days in advance of the hearing.

At The Hearing

At the hearing, the Hearing Officer will review the packet of documents to determine whether the statutory elements have been satisfied as well as consider any evidence you wish to present. If you took a chemical test, the Hearing Officer will make a determination as to whether you drove or were in control of a motor vehicle in the State of Colorado and your BAC was .08 or greater within two hours of driving.

If you refused to take a chemical test, the issue is whether you drove or were in control of a motor vehicle in the State of Colorado and a law enforcement officer had probable cause to request a chemical test, and you refused to take a test or to cooperate in completing a test within two hours of your driving. If the Hearing Officer determines those elements have been satisfied by enough evidence (more likely than not or 51% or more), then he or she is required to enter a revocation.

The Hearing Officer does not have any discretion in the length of the revocation and may not authorize driving prior to reinstatement.